Please clarify TSC’s policies in the following situations:
a. Where the originally filed I-140 has been approved but the I-485
remains pending due to priority date rollback or unavailability in the visa
category, and a subsequently filed I-140 has been approved in a higher
preference category where immigrant visa numbers are available, will TSC
accept a request to “interfile” the new I-140 with the pending I-485 and
adjudicate the I-485 based on the earlier priority date and the higher
preference category? If yes, what is the best procedure for
communicating the request for “interfiling” to TSC and making sure that
the information reaches the file in a timely manner (e.g., is not lost in
thegeneral correspondence backlog)? Would a special cover sheet be
helpful? Are there conditions or circumstances under which TSC would
not allow interfiling in this situation?
b. Where the originally filed I-140 has been approved but the I-485
remains pending due to priority date rollback or unavailability in the visa
category, and a subsequently filed I-140 has been approved in a higher
preference category where the priority date is not current, but immigrant
visa numbers are available if the priority date for the earlier filed I-140
is recaptured, will TSC accept a request to “interfile” the new I-140 with
the pending I-485 and adjudicate the I-485 based on the earlier priority
date and the higher preference category?
c. Where the originally filed I-140 and I-485 are both still pending, and
a subsequently filed I-140 has been approved in a higher preference
category, will TSC accept a request to “interfile” the new I-140 with the
pending I-485 and adjudicate the I-485 based on the earlier priority date
and the higher preference category? Are there conditions or
circumstances under which TSC would not allow interfiling in this
situation? Is it necessary that the original I-140 be adjudicated and
approved before the new I-140 could be used as the basis for the pending
I-485?
TSC will accept requests to interfile subsequently filed I-140s in all three
examples given above. For a Priority Date retention request, please include
a Cover Sheet and mark clearly and boldly “Send to A#[insert no.]” so
that the request will connect with the file. The key is to get the second I-
140 to the A file; therefore, boldly highlight and mark the A#, rather than
the SRC#. TSC recommends members double-bag when submitting a Priority Date
retention request, to help in identifying that what’s being received is
such a request.
你的情况的EXAMPLE C.